Welcome to ponderco.com, a Web site maintained by Ponder & Co.
Terms and Conditions of Access
Any use of this site by you conclusively indicates that you have reviewed and accepted these Terms and Conditions of Access. If you do not agree with any of these provisions, you should not use this site.
The content of this site is the property of Ponder, and all right, title and interest in all content belongs solely to the Company. You may access and use content for any legitimate business purpose; provided, however, that you may not use this site or any content for any purpose prohibited by the Company, in its sole discretion, after receiving a notice of the prohibited purpose from the Company. Any access or attempt to access other areas of any computer equipment on which this site is located, or other information contained on such computer equipment for any purpose, is prohibited.
Intellectual Property Rights
The Company owns and operates this site. Unless identified with the designation “Copy Free,” all names, titles, logos, and designs identifying the products and brands of the Company – including any derivative and related names, titles, logos and designs, appearing in this site – are trademarks of the Company and its sole property. Any other names, titles, logos and designs appearing on this site are the property of their respective owners.
This site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations and software. The entire content is protected by copyright as a collective work and/or compilation under the United States copyright laws, international conventions and other copyright laws. The Company owns a copyright in the content original and in the selection, coordination, arrangement and enhancement of all content.
Any reproduction, modification, publication, transmission, retransmission, framing, misuse, misappropriation, unauthorized use, transfer, sale, distribution, performance, display, creation of a derivative work or any other exploitation of any content, in whole or in part – without the express written consent of the Company – is strictly prohibited. Notwithstanding the foregoing, any user of this site is granted a limited license to download content for personal use only, provided that all copyright and other notices in any downloaded content are maintained. By downloading content, the user agrees and acknowledges that the user does not acquire any ownership or other use rights to any content or this site just by downloading it. Except as expressly authorized above, nothing contained in this site or these Terms and Conditions of Access shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other property right of the Company or any third party.
Individual documents published by the Company on this site may contain other proprietary notices and copyright information specific to an individual document. Any product, process, or technology in these individual documents may be the subject of other intellectual property rights reserved by the Company or a third party and are not to be licensed under these Terms and Conditions of Access.
If you are interested in using any content in any manner except as expressly authorized above, you should contact the Company for information on licensing.
Disclaimer of Warranty and Limitation of Liability
Neither the Company nor any of its affiliates, officers, directors, employees, third party content providers, licensors, agents or representatives makes any warranty or representation of any kind, either express or implied, with respect to this site, any content or any products or services offered through this site, including, but not limited to, any warranty that this site will be operable, uninterrupted, virus free or error free, any warranty of title, any warranty of privacy, any warranty of dependability, accuracy, timeliness, authenticity, completeness or reliability, or any warranty of merchantability or fitness for a particular purpose.
By using this site, you acknowledge and agree that the site and all content are provided on an “as is, where at” basis, without any warranty or representation of any kind, either express or implied, with respect to this site, any content, or any products or services offered through this site, including, but not limited to, any warranty that this site will be operable, uninterrupted, virus free or error free, any warranty of title, any warranty of privacy, any warranty of dependability, accuracy, timeliness, authenticity, completeness or reliability, or any warranty of merchantability or fitness for a particular purpose.
In no event will the Company or any of its affiliates, officers, directors, employees, third party content providers, licensors, agents, or representatives be liable to any person or entity for damages of any nature whatsoever arising out of or in connection with the use of this site or any linked Web site. This is a comprehensive limitation of liability that you agree is fair and reasonable concerning your use of this site and applies to all harm, liabilities, injuries, losses, damages, costs and expenses of any kind whatsoever, including, but not limited to, direct, indirect, incidental, special, compensatory, or consequential damages, regardless of how these arise, whether in tort, negligence, statute, contract, common law, equity or otherwise, and whether for or in connection with loss of programs or data, loss of income, revenues or profits, loss of anticipated sales, loss of opportunity, business interruption, failure to realize expected savings, damage to person or property, claims of third parties or otherwise.
This site may from time to time be linked to other Web sites. The Company is not responsible for any content contained on any site that it does not maintain. No link from this site to a third party Web site, or from a third party Web site to this site, is an endorsement, sponsorship or recommendation by the Company of the third party Web site. The Company will have no liability to users arising from any link from a third party Web site to this site, or from this site to a third party Web site.
All comments, graphics, ideas and other information you provide to the Company through this site will become the property of the Company without any compensation to the user. To the extent you are requested to provide any information to the Company while using this site, you represent and warrant that such information will be accurate and complete in all respects.
Misuse of Information
Indemnification and Hold Harmless
You understand and expressly agree that all access to and use of this site is at your sole risk.
You will indemnify and hold harmless the Company from and against all harm, liabilities, injuries, losses, damages, costs and expenses incurred by the Company (including, but not limited to, fees and disbursements of counsel to the Company) in connection with your access to or use of this site or any content, except to the extent such harm, liabilities, injuries, losses, damages, costs or expenses are due solely to the Company’s negligence.
You agree that you shall not take any action against the Company or any of its affiliates, officers, directors, employees, third party content providers, licensors, agents, or representatives in any connection with any matter relating to or arising out of your access to or use of this site.
Termination and Modification
Ponder & Co. may terminate this site and modify any content at any time, in each case, without notice to you and without liability to you for any termination or modification.
You may send notices to Ponder & Co. at Two Prudential Plaza , Suite 750, Chicago, Illinois 60601. Any notice will be effective when the Company actually receives it. The Company may send notices to you through email, regular mail or a posting on this site. Any notice will be effective upon actual receipt by you in the case of email or regular mail, or upon posting on this site.
These Terms and Conditions of Access
- May be amended by Ponder & Co. at any time without notice to you;
- Inure to the benefit of and are binding upon you and the Company and each of your and the Company’s successors and assigns, except that you may not assign any of your obligations under these Terms and Conditions of Access without the written consent of Ponder & Co.;
- Shall be governed by, and interpreted and enforced in accordance with, the internal law of the State of Illinois without regard to principles of conflict of laws; and
- Constitute the entire agreement and understanding between you and the Company with respect to your access to and use of this site, and supersede all prior oral and written proposals, representations, understandings and agreements.
You and the Company will submit all disputes in connection with any matter relating to or arising out of your access to or use of this site exclusively to a federal or state court located in Cook County, Illinois. You consent to the jurisdiction of this court for such a dispute and acknowledge this court to be a proper venue for that dispute.